Surinder Sharma Vs Laiq Ram — Himachal Pradesh HC (2024) — LawSathi Research

Surinder Sharma Vs Laiq Ram — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of 212 days' delay in filing the accompanying criminal revision petition; petition to be registered; substantive sentence imposed by the learned Court below suspended subject to deposit of the entire compensation amount and furnishing a personal bond of Rs.20,000/- with one surety in the like amount within six weeks.

Issue for consideration

Whether the delay of 212 days in filing the accompanying petition, which is barred by limitation, should be condoned under Section 5 of the Limitation Act. +1 more

Court's answer

The delay of 212 days in filing the accompanying petition was neither intentional nor deliberate, occurred due to circumstances entirely beyond the applicant's control, was sufficiently explained, and is accordingly condoned; the petition is to be registered and the condonation application stands disposed of.

Ratio / Principle

The substantive sentence imposed by the learned Court below shall remain suspended while the revision is pending, subject to the applicant depositing the entire compensation amount and furnishing a personal bond of Rs.20,000/- with one surety in the like amount within six weeks, on condition that the applicant appears in Court as and when directed and surrenders to serve the sentence if the revision is ultimately dismissed.

Detailed headnote1 paragraphs

Single-Judge order dated 19.07.2024 in Cr.MP(M) No.511 of 2024 (Surinder Sharma v. Laiq Ram): delay of 212 days in filing an accompanying criminal revision petition, barred by limitation, condoned under Section 5 of the Limitation Act, the Court being satisfied from the affidavit-supported application that the delay was neither intentional nor deliberate and arose from circumstances entirely beyond the applicant's control; the respondent's counsel filed no reply and raised no objection. The petition was directed to be registered (registered as CR.RST No.1805/2024), notice was issued, the respondent waived post-admission notice, and the record of the learned court below was called for. In the connected Cr.MP No.____ of 2024, the substantive sentence imposed by the learned Court below was suspended pending revision, subject to the applicant depositing the entire compensation amount and furnishing a personal bond of Rs.20,000/- with one surety in the like amount within six weeks, on condition that the applicant appears as directed and surrenders to serve the sentence if the revision is ultimately dismissed.

Surinder Sharma vs. Laiq Ram

Cr.MP(M) No.511 of 2024

19.07.2024 Present

Mr. Ajay Singh Kashyap, Advocate, for the applicant/ petitioner.

Mr. Rajul Chauhan, Advocate, for the respondent.

Cr.MP(M) No.511 of 2024

By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/petitioner for condonation of delay in filing the accompanying petition, which is barred by limitation.

Pursuant to notice issued in terms of order dated 20.6.2024, Mr. Rajul Chauhan, Advocate has filed memo of appearance on behalf of the respondent. He states that he does not intend to file any reply to the application and shall have no objection in case prayer made in the application is allowed.

Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor deliberate, rather same has occurred on account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay of 212 days in filing the petition, which in my considered view has been sufficiently explained, is condoned. The petition be registered. The application stands disposed of.

Cr. Revision No.____ of 2024( CR.RST No.1805/2024

Notice. Mr. Rajul Chauhan, Advocate, appears and

waives post admission notice on behalf of the respondent. He prays for and is granted two weeks’ time to file power of attorney. Record of learned court below be called for.

Cr.MP No.____ of 2024

Notice in the aforesaid terms. Reply, if any, be filed within a period of six weeks. In the meanwhile, substantive sentence imposed by learned Court below shall remain suspended, subject to the applicant’s depositing the entire compensation amount and furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of learned trial Court, within a period of six weeks, with the condition that the applicant shall appear in the Court as and when directed and shall surrender to serve out the sentence imposed, in case the revision is ultimately dismissed.

(Sandeep Sharma) Judge

July 19, 2024 (shankar)